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Monday, May 18, 2009

SCOTUS decides Iqbal

One of this term's cases that I have been waiting for came down today: Ashcroft v. Iqbal, a 5-4 decision in which the Court held that the plaintiffs, post-9/11 detainees, did not sufficiently plead a Bivens claim against several high-ranking executive branch official. Justice Kennedy wrote for five, with Souter and Breyer writing dissents.

A very quick perusal of the syllabus suggests that the Court did three major things on notice pleading: 1) reaffirmed the "plausibility" principle of Bell Atlantic v. Twombly; 2) made clear that Twombly is the new standard for notice pleading as to all claims; and 3) made clear that conclusory allegations (as opposed to well-pleaded facts) are not entitled to a presumption of truth on a 12(b)(6). The Court also had something to say about the immediate appealability of qualified immunity determinations.

I will write more once I have a chance to read and digest the opinion. So much for grading . . .

Posted by Howard Wasserman on May 18, 2009 at 11:41 AM in Civil Procedure, Howard Wasserman | Permalink


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